2011 Minnesota Statutes
Chapters 245 - 267 — Public Welfare and Related Activities
Chapter 257C — De Facto Custodian and Interested Third Party
Section 257C.02 — Application of Other Law; Construction
(a) Chapters 256, 257, and 518 and sections 524.5-201 to 524.5-317 apply to third-party and de facto custody proceedings unless otherwise specified in this chapter. De facto or third-party child custody proceedings concerning an Indian child are child custody proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and by this chapter when not inconsistent with the Indian Child Welfare Act or the Minnesota Indian Family Preservation Act.
(b) Nothing in this chapter relieves a parent of a duty to support the parent's child. A preexisting child support order is not suspended or terminated when a third party takes custody of a child unless otherwise provided by court order. A de facto or third-party custodian has a cause of action against a parent for child support under section 256.87, subdivision 5, and the public authority has a cause of action against a parent for child support under section 256.87, subdivision 1.
(c) Nothing in this chapter prohibits the establishment of parentage under chapter 257.
History:
2002 c 304 s 2; 2004 c 146 art 3 s 30
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